Cushing, OK asked in Probate for Oklahoma

Q: Do I have any rights to the house of 31 yrs my father in law owns. My husband and him died without a will last year?

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1 Lawyer Answer
James Tack Jr
James Tack Jr
  • Probate Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Sorry for your loss. There is not enough information to fully answer your question. The answer depends upon who died when and who were their heirs. Generally, upon the death of your father-in-law, his property would go to his heirs. That would include his spouse, if any, any living children or grandchildren. If the father-in-law died first, your husband would inherit a portion of the property with other children. When your husband died, you would inherit along with his children. If your husband died first, you would not inherit through your father-in-law. One or both of the estates will have to be probated to give good title to the property. This appears to be another situation that lawyers see all too often (particularly with Covid) that property owners do not give consideration to what happens when they die unexpectedly. The result often being that the property does not go to whom they wish and it costs their heirs more money to sort it all out. You should consult a probate attorney to determine how to proceed.

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